That’s how one legal expert describes a recent exchange between a Republican senator and the U.S. attorney general regarding the prosecution of Khalid Sheikh Muhammad and suspected terrorists in federal court.

Senator Lindsey Graham (R-South Carolina) in a Judiciary Committee hearing last week asked Attorney General Eric Holder a question that befuddled the nation’s top cop could not answer.

Sen. Graham asked: “Can you give me a case in United States history where a[n] enemy combatant caught on a battlefield was tried in civilian court?”